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HomeMy WebLinkAbout2004-11-16 .11III..........'............... kill II 51 Community . Preservation Committee 14 Easy Street Nantucket, MA 02554 COMMUNITY PRESERVATION COMMlITEE MINUTES - Tuesday- November 16,2004 A meeting of the Community Preservation Committee, CPC, was held on Tuesday, November 16;2004, at 2:00 PM at the Land Bank Meeting Room at 22 Broad Street. Present were: Barry Rector, Chair, Ken Beaugrand, Vice Chair, Mark Voigt, Rich Brannigan, Pollyfy1iller, and Stephanie Henke, Administrative Secretary. Neville Richen arrived at 3:15, Linda Williams arriveelat 4:10, and Doug Bennett and Ginger Andrews were absent. Barry Rector established a quorum and called the meeting to order at 2:10 PM. , . ) Upon a motion made by Ken and 2nd by Polly, it was unanimously VOTED to approve the agenda. Upon a motion made by Ken and 2nd by Mark, it was unanimously VOTED to approve the following minutes, with the minor corrections Barry and others had submitted: a. September 29, 2004 b. October 5, 2004 c. October 6, 2004 d. October 12,2004 e. October 13, 2004 f. October 19, 2004 g. October 27,2004 h. November 3,2004 i. November 9, 2004 PUBLIC COMMENT None. REQUEST FOR FUNDS Housing Office. Polly presented a Request for Funds from the Housing Office in the amount of $23,883.47, noting a larger than usual expense of $11,000 for lawyer fees. She explained that the Housing Office and the town were jointly involved in a suit regarding condo-ing a 2nd dwelling, which the landowner did not want to make affordable. Upon a motion made by Polly and 2nd by Rich, it was unanimously VOTED (with Ken abstaining) to approve the Request for Funds from the Housing Office in the amount of $23,883.47. Sherburne Commons. Barry presented this Request for Funds in Doug's absence. He noted that he, Doug and Steve Godwin had worked through the bill to look at what they were asking the CPC to reimburse and that it was mostly for marketing and advertising, which is a little different from past bills, but still covered. He also noted that all of the units will now count toward affordable housing. Barry clarified that there were some invoices from which he had needed to deduct Massachusetts tax, which would change the actual figure currently stated on the Request. Upon a motion made by Ken and 2nd by Polly, it was unanimously VOTED to approve the Request for Funds in the amount asked for less the Massachusetts tax that will be deducted from some invoices. Mark asked about the catering bill, and Barry stated that he had indeed taken one catering bill out of the packet, as it seemed to be more geared to an internal function, but that one of the catering bills was for a public awareness event, in order to advertise Sherburne Commons and hopefully get more applicants. epe Minutes, November 16, 2004-Page 1 Tryworks. Barry presented a Request for Funds in the amount of $129,694.16 from Tryworks. He noted that the house was now on the property and that it looks handsome. Upon a motion made by Rich and 2nd by Polly, it was unanimously VOTED to approve the Request for Funds from Tryworks in the amount of $129,694.16. It was decided to wait on the remaining Requests for Funds until the respective Project Managers were present. NEW BUSINESS Personnel Review Committee. Barry stated that because Stephanie had been at her job for a year, as of November 3, she was up for a review. He had originally wanted to form a committee for this purpose, but wanted to get a feel from the committee to see if it would be ok for him to do the review by himself. Mark asked whether she needed the review, as she was leaving in January and whether the pay increase d:p,ended on the review. Barry said the increase does not depend on the review. Upon a motion made by Mark and 2n by Ken, it was unanimously VOTED to have Barry complete Stephanie's Performance Review. Hiring Committee. Barry stated that the committee would need to form a committee to hire Stephanie's replacement. Barry, Ken, Rich and Mark volunteered. Mark bowed out when he realized there were enough people interested. Upon a motion made by Polly and 2nd by IV1ark, it was unanirnously VOTED to form a Hiring Cornrnittee rnade up of Barry, Ken and Rich. December Meeting Date. There was general consensus to hold December's regular meeting on December 21, as originally planned. OLD BUSINESS Deed Restrictions. Barry noted that the committee had been working on this issue for some time and that there were two basic questions it sti([ needed to answer: 1) when did the committee want the deed restrictions to be in place (relative to reimbursements), and 2) how can the committee make it easier for applicants to get them in place? Barry asked the subcommittee to discuss their findings. Polly said that first the committee needed to decide who needed to have one in the first place. She wondered if it was the committee's responsibility to decide that. Mark suggested that maybe a project needs to have one unless the committee decides they are exempt from having one. Rich pointed out #3 on the subcommittee's memo: that they need to be in place before funds are released. He mentioned that we haven't been doing that in the last 3-4 months. He added that if we were going to change this policy, we needed to put it in the RFP. Ken clarified that when the committee made that policy, it believed there was a rule to that effect, but have since learned that it is indeed not required to have them in place before funds are disbursed and that some projects don't need to have them at all. There was further discussion about bow to deal with Barry's tV\!O questions, some members believing that partial funding (50%) should be withheld until the deed restriction was in, others believing that most applicants are trustworthy, and that if there happened to be one that did not meet the requirement, there were several ways to get them to do so, namely not funding them again, and in the worst case scenario, taking them to court. It was finally decided to proceed as follows: 1) Add to the draft document "Program Manager Responsibilities" that it is the responsibility of the PM to help the applicant through the deed restriction process. There are sample deeds on file in the CPC office as well as information about entities and la\""yers that can help them through the process of obtaining a restriction, when necessary. 2) In the case of an applicant believing they are not required to have a restriction on their project, they must make a case for an exemption, which the Program Manager approves and presents to the full committee for approval. 3) The Project Status Report will be revised to add the following line: Deed Restriction: On File 0 Pending 0 Exempt 0 4) The RFP, the Memorandum of Understanding, and letters to grantees will be revised to reflect the change that deed restrictions are required "unless the applicant can satisfy the committee that the project is exempt." It was decided that the committee would review the revised documents at its next regular meeting. epe Minutes, November 16, 2004--Page 2 Program Manager Responsibilities. Mark wanted to be able to look over the document more closely before making any decisions about it. It was agreed that the members would make any edits/additions to the document and be ready to discuss it at the next regular meeting. letters to FY'04 Applicants about Remaining Funds. Barry stated that we need to close the books with applicants for any funds they have remaining for their projects. He noted that there are two steps to this. First, the committee must notify those applicants with balances, and then the committee must submit a warrant to bring any remaining money back into the general fund. It was agreed that the letter that had been drafted would be used, and that in the case of an applicant not responding by the due date, a second letter would be sent that basically states that the time for them to use the money has e~pired. Barry also noted that these letters should be cc'd t~ the applicant's project manager. . Upon a motion made by Ken and 2nd by Mark, it was unanimously VOTED to send the letters to those FY '04 applicants that had unused balances. REQUEST FOR FUNDS (cont.) Neville having arrived at the meeting, it was decided to continue with the Requests for Funds. Upon a motion made by Neville and 2nd by Ken, it was unanimously VOTED to approve the following Requests for Funds for Winter Park, which were to pay for stripping the ground and loaming and the installation of electricity for the irrigation system: $3,800.00 $1,481.62 $6,700.00 Barry also noted that he had received a letter from Libby Gibson stating the Town's position not to waive the landfill fees for Skateboard Park. Neville encouraged everyone to go see Coffin Park, as the boardwalk through the wetlands area was completed. FY '06 FUNDING DECISIONS Barry noted that the committee had thus far "spent" in its first round decisions $775,000. The committee continued its discussion on the Affordable Housing category applicants. Habitat for Humanity. Upon a motion made by Ken and 2nd by Rich, it was unanimously VOTED to fund Habitat for Humanity, in this first round, $75,000. landmark House. The committee decided that for the sake of discussion, this project would be considered in the Affordable Housing category. There was a question as to whether the building was a town-owned property, but it is not. It was agreed that the people living in the building are low to moderate income. Polly also mentioned that she had talked to Bob Nussbaum at the NHO and he had said that the landmark House could qualify for a piece of the Block Grant it had received, and make some of these repairs with those funds. Mark moved to fund the roof and sidewall shingling amounts to $88,000, and Ken 2nd this. VOTE: 3 IN FAVOR (Ken, Mark, Barry) and 3 OPPOSED (Rich, Neville, Polly). MOTION FAILED TO CARRY. Some committee members felt that this project needed a clearer budget and asked that three competitive bids be added as a stipulation to any funds awarded. There was further discussion as to whether the CPC should be setting a precedent by putting stipulations on the grant money and whether that should be included in the RFP and the Memorandum of Understanding. There was some concern about dictating how the applicants could do their projects. Neville added that if the committee starts adding stipulations, they could find themselves in a big mess. epe Minutes, November 16, 2004--Page 3 Upon a motion made by Neville and 2nd by Mark, it was VOTED 5 (Neville, Mark, Rich, Ken, Polly) to 1 (Barry) to fund the landmark House, at this first round, for $88,000 for the roof and sidewall shingling. Tryworks. Upon a motion made by Ken and 2nd by Polly it was VOTED 4 (Ken, Polly, Neville, Mark) to 3 (Linda, Rich, Barry) to fund the Tryworks project, at this first round, at $100,000. 2 Fairgrounds Mixed Use Project. It was decided to leave this in the Affordable Housing category right now for the sake of discussion. Linda moved to put off the discussion of this project until the end. There being no second to the motion, the motion died. There followed a lengthy discussion about the budget included with this project. Some committee members felt that It Was a reasonable budget for such a developmental phase of a project. Others felt that the numbers Were not accurate and that some of the items listed were premature, adding that if the cpe granted the project any funds, those funds should only go towards feasibility studies. Ken moved to fund the project at $100,000 and Mark 2nd that motion. There ensued further discussion about what kind of stipulations to add, the conclusion of which was "for feasibility studies as they relate to environmental and archeological studies." Mark then made a motion and Neville 2nd it to move the question. VOTE: 4 IN FAVOR (Neville, Rich, Ken, Mark) and 3 OPPOSED (Barry, Linda, Polly). THE QUESTION WAS MOVED. The VOTE on the original motion (to fund the project at this first stage in the amount of $100,000 "for feasibility studies as they relate to environmental and archeological studies,") PASSED 5 IN FAVOR (Linda, Polly, Ken, Neville, Barry) and 2 OPPOSED (Rich, Mark). REQUEST FOR FUNDS (cont.) Linda being now present at the meeting, and upon a motion by Ken and 2nd by Neville, it was VOTED to approve the Requests for Funds for the following projects in the following amounts: Coffin Park: $6,800.00 and $4,000.00 Skateboard Park: $8894.60 and $23.20 There being no other business of the committee, and upon a motion made by Rich and 2nd by Linda, it was unanimously VOTED to adjourn the meeting at 5: 10 PM. Respectfully submitted by, Stephanie Henke Admin istrative Secretary epe Minutes, November 16, 2004--Page 4